||You ("You"/"Your") can participate in the
Call2 Affiliates programme as described in clause 2 below ("Call2 Affiliates
Programme") by opening a Call2 Affiliates account ("Call2 Affiliates Account")
with Call2 Limited ("We"/"Us"/"Our") via the site
Call2 ("Site"). When
You open a Call2 Affiliates Account, You will be given a personal code
("Your Code") to participate in the Call2 Affiliates Programme. Where You
already have an account for use in conjunction with Our Call2
service ("Call2 Service"), You can use the same code.
||Please note that separate Call2 Service Terms
apply to Your account used for making calls via the Call2 Service.
||In opening a Call2 Affiliates Account and
participating in the Call2 Affiliates Programme, You agree to be bound by
these Call2 Affiliates Terms.
||These Call2 Affiliates Terms incorporate:
1.4.1 the online form in which You sign up to open a Call2 Affiliates
Account via the Site ("Application Form");
Together, these documents constitute Your contract with Us in respect
of the Call2 Affiliates Programme ("Call2 Affiliates Contract"). These Call2 Affiliates
Terms shall prevail over the documents at clauses 1.4.1 to 1.4.3
in the event of any inconsistency.
||These Call2 Affiliates Terms were last updated on 12th March 2016.
||Changes to these Call2 Affiliates Terms may be made
from time to time. We will use all reasonable endeavours to notify
You in advance (to the email that You register with Us or otherwise
as notified by You to Us from time to time) of any key amendments
to such Call2 Affiliates Terms that may impact on You. Occasionally We may
need to amend our Call2 Affiliates Terms as a result of government or
regulatory requirements or for other legal reasons. In these
circumstances We may not be able to give You this prior notice.
||In relation to any changes to these Call2 Affiliates
Terms, Your attention is drawn to Your right of termination of Your
Call2 Affiliates Account and Your Call2 Affiliates Contract at any time as
detailed in clause 5 below.
||THE Call2 Affiliates PROGRAMME
||The Call2 Affiliates Programme provides You with a
unique way to save money on Your calls via the Call2 Service or to
make money through reselling or recommending the Call2 Service to
||You will receive points ("Call2 Points") which
You can collect and use as set out in clause 6 below by participating
in the Call2 Affiliates Programme as follows:-
2.2.1 if You recommend the Call2 Service to others and they quote
Your Code when signing up for the Call2 Service themselves and then
make calls using the Call2 Service (all You need to do is give Your
friends Your Code and Our website address (www.Call2.com), and ask
them to enter Your Code upon sign-up or You can send them a link
which includes Your Code);
2.2.2 if You encourage Your friends to do the same and they
participate in the Call2 Affiliates Programme and recommend the Call2
Service to their friends who then use the Call2 Service; or
2.2.3 if You place a link on Your website to direct Your traffic
to www.call2.com/?c2cid=your affilliate code ("Link") that will be
stored as a cookie on the user's computer if they click through from
it. If they then open a Call2 Service account, Our system will link
it to Your Code, and You will earn Call2 Points when they make calls
using the Call2 Service. We hereby grant You a non-exclusive,
non-transferable, royalty-free licence to use the Link whilst Your
Contract is in force for the purpose of directing traffic under
this clause 2.2.3 only provided that:
(a) You do not use such Link in conjunction with any site or service
or in any way that is unlawful or contrary to any regulation or code
of practice or industry guideline in any country or is misleading or
may cause offence, annoyance or confusion to any person;
(b) You immediately remove any such Link upon notice from Us;
(c) You do not use any other reference to or any logo associated
with the Call2 Affiliates Programme, Call2 Service or Us in any way that is
derogatory to Us or may cause offence. We reserve the right to
require prior approval over any use of Our name, trade marks,
service names and logos.
Please note that it is Your responsibility for ensuring that You
notify users of the existence of the cookies connected with the
Link in accordance with relevant laws and regulations. For more
information on cookies and Your obligations in this respect go to:
||GETTING STARTED - OPENING A Call2 Affiliates ACCOUNT
||If You already have a Call2 Service
account or want to use Your Call2 Points towards calls via the Call2
3.1.1 If You have a Call2 Service account already for use in
conjunction with the Call2 Service, You can use Your Code to
participate in the Call2 Affiliates Programme but You will still need a
Call2 Affiliates Account.
3.1.2 Your Call2 Service Terms apply to Your use of Your Call2
Service account and Your Code when You use them in conjunction with
the Call2 Service to make calls and call requests.
3.1.3 If You want to use Your Call2 Points towards the cost of
calls made through the Call2 Service then you will have to open a
Call2 Service Account in addition to Your Call2 Affiliates Account.
||If You want to participate in the
Call2 Affiliates Programme:
3.2.1 If You want to participate in the Call2 Affiliates Programme (even
if You do not want to use the Call2 Service), then You will need to
open a Call2 Affiliates Account by filling in the Application Form. When
You sign up to open a Call2 Affiliates Account via the Application Form,
We may choose or be required to subject Your Application Form
details to additional security checks after You have submitted the
Application Form. Occasionally this may result in a short delay
before Call2 Points can be processed. Depending on the outcome of
these enquiries, We may decide to decline Your Application Form.
3.2.2 You will be sent a confirmation email once Your Call2 Affiliates
Account has been opened. This confirmation email will include Your
Code that You need to participate in the Call2 Affiliates Programme and
start earning and using Call2 Points. If You already have a Call2
Service Account then You can use the same code.
3.2.3 You are responsible for maintaining the confidentiality and
proper use of the password and Your Code and are responsible for all
activities that occur under them. We do not have the means to check
the identity of people using the Site and will not be liable where
Your password or Your Code is used by someone else with Your
authority or for any use of Your Code or password that is not
attributable to Our breach of this Call2 Affiliates Contract or Our
negligence. You agree to notify Us immediately of any unauthorised
use of Your password or Your Code or any other breach of security
of which You become aware. If You lose or forget Your password or
Your Code or otherwise experience any problems, then You can contact
Our help desk as set out at the end of these Call2 Affiliates Terms.
3.2.4 You must be 18 years of age or older to participate in the
Call2 Affiliates Programme and to open a Call2 Affiliates Account. If We discover
that You do not comply with this age requirement, We reserve the
right to terminate all Call2 Affiliates Account facilities immediately,
without notice, and We will not be obliged to give any Call2 Points.
||Your Call2 Affiliates Contract starts when You submit
Your Application Form or use Your Code to participate in the
Call2 Affiliates Programme as set out in clause 3 above and continues
thereafter unless and until terminated in accordance with these
Call2 Affiliates Terms.
||TERMINATION AND SUSPENSION
||You can cancel, terminate and close Your
Call2 Affiliates Account at any time by sending Us an e-mail requesting
termination (see end of these Call2 Affiliates Terms for contact details).
You must follow the steps confirmed to You by email when You request
a termination in order to withdraw Your Call2 Point monies from
Your Call2 Affiliates Account or transfer them to Your Call2 Service
account. Termination of and use of Your Call2 Service account is
subject to the separate Call2 Service Terms. Failure to follow such
steps will mean that You will be deemed to agree to the transfer of
such monies to Us. You can also simply cease using Your Code for
participation in the Call2 Affiliates Programme at any time.
(i) materially breach the Call2 Affiliates Contract; or
(ii) have not used Your Call2 Affiliates Account for a period of six
months or longer,
then We may suspend Your participation in the Call2 Affiliates Programme
or terminate Your Call2 Affiliates Contract.
||In the event of termination of this Call2 Affiliates
Contract by Us pursuant to clause 5.2, You hereby agree that all
such Call2 Points or other monies or credits as are held in Your
Call2 Affiliates Account at the date of such termination shall
automatically be assigned to Us. We shall not be required to refund
or otherwise make payment to You in relation to such monies held in
Your Account upon termination other than in accordance with Clause
5.1 or where termination results as a consequence of Our material
breach of Your Call2 Affiliates Contract or where You terminate pursuant
to clause 5.4.
Either You or We can terminate Your Call2 Affiliates Contract immediately
on notice to the other (see below for contact details) if an interim
order is made, or a voluntary arrangement approved, or if a petition
for a bankruptcy order is presented, or a bankruptcy order is made
by or in relation to the other party, or a voluntary arrangement is
approved or an administration order is made, or a receiver or
administrative receiver is appointed over any of the other party's
assets or undertaking or a resolution or petition to wind up the
other party is passed or presented (otherwise than for the purposes
of reconstruction or amalgamation) or if any circumstances arise
which would entitle any court or a creditor to appoint a receiver,
administrative receiver or administrator or to present a winding-up
petition or make a winding-up order in relation to the other party.
||Your rewards for participation in the Call2 Affiliates
Programme come in the form of Call2 Points which are worth one penny
(£0.01p) cash and may be redeemed:
(a) for credits towards calls made via the Call2 Service where You
have opened a Call2 Service account and transfer such Call2 Points
from Your Call2 Affiliates Account to Your Call2 Service account in which
case such Call2 Points are doubled in value by Us; or
(b) by way of UK Sterling cash by logging onto Your Call2 Affiliates Account
and transferring out the same. Please note that You may only remove
any monies of £25.00 or over from Your Call2 Affiliates Account in this way.
||Each time that someone You have referred by
participating in the Call2 Affiliates Programme and who has signed up to
the Call2 Service quoting Your Code ("Referred Friend") makes a call
via the Call2 Service, You will receive 2.5 Call2 Points for every
£1 that they have spent (note that this is rounded down so if
the Referred Friend spent £1.75 You would still only receive 2.5
||Your Referred Friend can also refer a friend
("Second Referred Friend") by participating in the Call2 Programme
themselves in which case You will earn 1.5 Call2 Points for every
£1 of calls that such Second Referred Friend makes via the Call2
Service quoting Your Referred Friend's Code. For any referrals that
such Second Referred Friend makes by participating in the Call2
Programme quoting Your Second Referred Friend's Code ("Third Referred
Friend"), You will receive 1 Call2 Point for every £1 of calls
that such Third Referred Friend makes via the Call2 Service. You will
not be entitled to any further Call2 Points in relation to any persons
that such Third Referred Friend may refer.
||Please note that Call2Points will
remain valid in Your Call2 Affiliates Account for a period of six months.
If You have failed to use any Call2 Points for this period, We
reserve the right to notify You that You will be deemed to forfeit
them unless You use them in the next month. Failure to do so may
result in You being deemed to consent to the transfer of such
Call2 Points to us.
||For details on how to transfer Call2 Points
out of Your Call2 Affiliates Account by way of cash or by way of credits to
Your Call2 Service Account, please login to your account. Please note
that, depending on the payment mechanism You choose to use to
transfer monies, there may be charges associated with this. We will
always notify You in advance where any such charges will arise.
Where You are transferring monies outside of the UK then please note
that further charges may apply to any such transfer and that we are
not responsible for Your card issuer or bank charging You as a
result of Our processing of Your Call2 Point transfer.
||You will not earn an interest on monies or
credits held in Your Call2 Affiliates Account.
||YOUR DUTIES AND RESPONSIBILITIES
||The Call2 Affiliates Programme and Your Call2 Affiliates
Account and Your Code are provided on the basis that You will not,
nor will You permit others to use Your Code or Your Call2 Affiliates
Account other than in accordance with Your Contract and/or use the
Call2 Affiliates Programme or Your Call2 Affiliates Account: for unlawful
purposes; in breach of any licence or third party rights; for any
purpose for which the Call2 Affiliates Programme or Your Call2 Affiliates
Account were not designed including unauthorised use, obtaining or
attempting to obtain service by rearranging, tampering with or
making connection with any of Our facilities or those of Our
partners or by any deception, scheme, false representation or false
credit device, or by or through any other fraudulent means or
devices whatsoever or in any other manner.
||You are responsible to Us for the actions or
omissions of any person who uses Your Code (other than for the
purpose of simply entering it when You have referred them in
accordance with the Call2 Affiliates Programme) or password provided to
You or Your Call2 Affiliates Account with Your authority. You will also be
responsible for the content of any transmission over the Call2
Service by You or in connection with Your Call2 Affiliates Account or
||You agree that You will not use the Links,
Your Code, Your Call2 Affiliates Account or participation in the Call2 Affiliates
Programme in any way that is unlawful in any territory.
||You will compensate Us for any loss, liability,
damage and expense, including reasonable legal fees, that We may incur as a
consequence of Your breach of these Call2 Affiliates Terms including without limitation
clauses 2.2.3, 7.1, 7.2 and 7.3.
||Your rights to participate in Call2 Affiliates
Programme and Your Call2 Affiliates Account, licence to use the Link and
all rights under Your Call2 Affiliates Contract are personal to You, and
are non-exclusive and non-transferable. You are not permitted to
sell, assign, sublicense or grant a security interest in or
otherwise transfer any right in Your Call2 Affiliates Account or the Call2
Cash Programme without Our written consent.
||LIMITATIONS ON LIABILITY
||We will not be responsible for any delay in or
failure of the Call2 Affiliates Programme, processing of Call2 Points or
in relation to performance of Your Call2 Affiliates Contract to the extent
that it is due to any occurrence beyond Our reasonable control.
||Please note that it is Your responsibility to
ensure that Your Referred Friends use Your Code when registering for
the Call2 Service in order that You can earn Call2 Points. We will
not be liable where any Referred Friend, Second Referred Friend or
Third Referred Friend inputs Your Code or other relevant Code
incorrectly, is not permitted by Us to use the Call2 Service or for
any other actions undertaken by them in conjunction with the use
of the Call2 Service and participation in this Call2 Affiliates Programme.
||We will not be liable where for any reason any
Links inserted by You pursuant to Your Call2 Affiliates Contract fail to
operate, are suspended or removed by Us or where, other than as a
result of Our negligence or breach, such Links cause damage to any
equipment or software.
||We aim to provide You with a high quality
service, and will attempt to resolve faults in the Call2 Affiliates
Programme. However, because of the nature of the Call2 Affiliates
Programme and the fact that it is dependent upon third party
networks, while We will use reasonable efforts to provide You with
a continuous service We cannot and do not promise that the Call2
Cash Programme will be uninterrupted or error-free.
||Our liability to You under and pursuant to
this Call2 Affiliates Contract is limited in aggregate over any 12 month
period to the lesser of the value of Call2 Points held in Your
Call2 Affiliates Account at the time of such liability arising and £1,000.
Beyond such amount, We shall not be liable to You in contract,
tort (including negligence that is not directly attributable to Our
negligence), for breach of statutory duty or in any other way for:
8.5.1 any economic loss, loss arising from or in connection with
loss of revenues, profits, contracts or business or failure to
realise anticipated savings;
8.5.2 any loss of goodwill or reputation; or
8.5.3 any indirect or consequential losses that were not
contemplated by Us prior to Your participation in the Call2 Affiliates
suffered or incurred by You.
||Nothing in these Call2 Affiliates Terms shall exclude
or limit Our liability for death or personal injury resulting from
Our negligence or fraud or the negligence or fraud of Our agents or
||PRIVACY AND YOUR DATA
||Since You will be providing Us with personal
information when You fill in the Application Form and otherwise
participate in the Call2 Affiliates Programme, it is important that You
You how We will deal with Your personal information. You will be
deemed to consent to the terms of such policy when You enter into
Your Call2 Affiliates Contract so We recommend that You read this carefully.
||You are responsible for ensuring that the
contact and other details that You provide to Us in the Application
Form are correct and are kept up to date. You should notify us of
any changes to such details (see end of these Call2 Affiliates Terms for
Our contact details).
||If any provision of these Call2 Affiliates Terms
shall be found by any court or administrative body of competent
jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the other provisions of these
Call2 Affiliates Terms that shall remain in full force and effect.
||LAW AND JURISDICTION
||These Call2 Affiliates Terms shall be governed by and
interpreted in accordance with the laws of England. Disputes arising
in connection with these terms shall be subject to the exclusive
jurisdiction of the courts of England.
||THIRD PARTY RIGHTS
||Except insofar as these Call2 Affiliates Terms
expressly provides that a third party may in his own right enforce
a term of these Call2 Affiliates Terms, a person who is not a party to
these Call2 Affiliates Terms has no right under the Contracts (Rights of
Third Parties) Act 1999 to rely upon or enforce any term of these
Call2 Affiliates Terms but this does not affect any right or remedy of a
third party which exists or is available apart from that Act.
Neither party may declare itself a trustee of the rights these
Call2 Affiliates Terms for the benefit of any third party.
||In no event will any delay, failure or
omission (in whole or in part) in enforcing, exercising or pursuing
any right, power, privilege, claim or remedy conferred by or arising
under these Call2 Affiliates Terms or by law, be deemed to be or construed
as a waiver of that or any other right, power, privilege, claim or
remedy in respect of the circumstances in question, or operate so
as to bar the enforcement of that, or any other right, power,
privilege, claim or remedy, in any other instance at any time or
||The rights and remedies provided by these
Call2 Affiliates Terms are cumulative and (unless otherwise provided in
these Call2 Affiliates Terms) do not exclude any other rights or remedies
available in law.
||Unless expressly so agreed, no modification or
variation of these Call2 Affiliates Terms shall constitute or be construed
as a general waiver of any provisions of these Call2 Affiliates Terms, nor
shall it affect any rights, obligations or liabilities under these
Call2 Affiliates Terms which have already accrued up to the date of such
modification or waiver, and the rights and obligations of the
parties under these Call2 Affiliates Terms shall remain in full force and
effect, except and only to the extent that they are so modified or
18 Horton Road
745 1343 45